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Against Methodological Stare Decisis [PDF]
, 2014 Should federal courts give stare decisis effect to statutory interpretation methodology? Although a growing number of legal scholars have answered this question in the affirmative, this Essay makes the case against methodological stare decisis. Drawing on recent empirical studies of Congress's expectations regarding statutory interpretation, we show ...
Criddle, Evan J., Staszewski, Glen
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1991
Abstract According to the preliminary statement of the English doctrine of precedent in Chapter I, a court is bound to follow any case decided by a court above it, and appellate courts (other than the House of Lords) are bound by their previous decisions.
Rupert Cross, J W Harris
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Abstract According to the preliminary statement of the English doctrine of precedent in Chapter I, a court is bound to follow any case decided by a court above it, and appellate courts (other than the House of Lords) are bound by their previous decisions.
Rupert Cross, J W Harris
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On the Nature of Stare Decisis
SSRN Electronic Journal, 2022Abstract Why must certain courts in the common law follow precedent? This chapter identifies two approaches to this question: moral and juridical. According to the former, courts must follow precedent whenever there are sufficiently strong moral reasons to ground a moral obligation.
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SSRN Electronic Journal, 2021
The doctrine of stare decisis famously instructs judges to respect past decisions even if they believe these decisions are wrong. Many believe stare decisis serves venerable values and bemoan its apparent demise, especially at the Supreme Court level. But can something like stare decisis appear in politics too?
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The doctrine of stare decisis famously instructs judges to respect past decisions even if they believe these decisions are wrong. Many believe stare decisis serves venerable values and bemoan its apparent demise, especially at the Supreme Court level. But can something like stare decisis appear in politics too?
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American Journal of Political Science, 1996
Theory: Precedent might affect Supreme Court decision making in a number of ways. One conception, the conventional view scrutinized by Segal and Spaeth, sees precedent as the primary reason why justices make the decisions that they do. A second regards precedent as a normative constraint on justices acting on their personal preferences. On this account,
Jack Knight, Lee Epstein
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Theory: Precedent might affect Supreme Court decision making in a number of ways. One conception, the conventional view scrutinized by Segal and Spaeth, sees precedent as the primary reason why justices make the decisions that they do. A second regards precedent as a normative constraint on justices acting on their personal preferences. On this account,
Jack Knight, Lee Epstein
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Utah Law ReviewStare decisis stands at a crossroads. The Supreme Court has recently overturned landmark precedents on abortion rights, affirmative action, and administrative deference, while signaling its willingness to reconsider other long-settled doctrines.
Coan, Andrew
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1991
Abstract One of the defects of the preliminary statement of the English rules of precedent in Chapter I is that, the House of Lords apart, it does not refer to the existence of important exceptions to the rule of stare decisis. The purpose of the present chapter is to analyse those exceptions.
Rupert Cross, J W Harris
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Abstract One of the defects of the preliminary statement of the English rules of precedent in Chapter I is that, the House of Lords apart, it does not refer to the existence of important exceptions to the rule of stare decisis. The purpose of the present chapter is to analyse those exceptions.
Rupert Cross, J W Harris
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